The California Horse Racing Board yesterday filed two complaints against Rancho Santa Fe resident Marty Wygod, owner of Sweet Catomine, hours after Wygod had removed the champion filly and a few other horses from the care of trainer Julio Canani and placed them with John Shirreffs.

The developments came in the wake of Sweet Catomine's fifth-place finish in Saturday's $750,000 Santa Anita Derby as the even-money favorite and Wygod's revelation, only after the race, of physical problems in the week before that compromised Sweet Catomine's chances of becoming only the fourth female to win the race.

Public outcry regarding the nondisclosure prompted CHRB Executive Director Ingrid Fermin to order a review, conducted Sunday and yesterday by CHRB Senior Special Investigator Christopher Loop and two other investigators, which resulted in the complaints.

The first cites Wygod and Dean Kerkhoff, a racehorse transport driver, for the clandestine removal of Sweet Catomine from the Santa Anita grounds on April 4. The alleged action would be a violation of a subsection of CHRB rule 1489 (Grounds for Denial or Refusal of License) regarding "making a material misrepresentation or false statement to the Board or its agents."

Sweet Catomine was taken to an equine hospital north of Santa Barbara to undergo treatment in a hyperbaric oxygen chamber for respiratory system bleeding evidenced in a workout on April 3.

Loop's findings were that Sweet Catomine left Santa Anita at 3:15 a.m. on April 4 and was identified to track security as a "pony" going to the "farm." She returned at 8:29 p.m. on April 5 and was identified as a "pony" returning from a "clinic."

In his investigative report, Loop wrote that "records of departure and arrival were deliberately falsified to conceal the true identity and activities of the horse Sweet Catomine."

The second complaint alleges that Wygod violated CHRB rule 1902 (Conduct Detrimental to Horse Racing) by not being forthright with "information concerning the true condition of the horse."

Given the opportunity yesterday afternoon to respond to the CHRB complaint, Wygod said, "No comment."

Administrative hearings are scheduled with the Hollywood Park stewards on April 23. The CHRB release said Wygod would not be represented by his general attorney, former CHRB Commissioner Roger Licht. Wygod declined to comment on who will represent him.

While the first complaint falls under a rule titled "Grounds for Denial or Refusal of License," CHRB sources indicated the more likely punishment, if the outcome does not favor Wygod, would be in the form of a fine.

A native of New York, Wygod, 61, sold the health care company he founded, Medco Containment Services, to pharmaceutical giant Merck & Company in 1993 for $6.5 billion and moved, two years later, from New Jersey to California to be closer to his racing interests.

Wygod has employed several trainers in nearly 40 years in the racing business and had prior success with Canani campaigning the filly Tranquility Lake to seven major stakes wins from 1999 through 2001. Sweet Catomine strung together victories in the Del Mar Debutante, Oak Leaf and Breeders' Cup Juvenile Fillies en route to an Eclipse Award as the top 2-year-old filly of 2004 and won two graded stakes this year before Saturday's defeat.

"Sweet Catomine will only be there (with Shirreffs) for a while, then she'll be moved east," Wygod said.

Asked if the recent turn of events precipitated the trainer change, Wygod said: "This has nothing to do with the investigation against me."

Fermin, a Del Mar resident who was appointed CHRB executive director in January, said in the release:

"Protecting the betting public and (ensuring) the integrity of the industry are our highest priorities. I am pleased that the investigative staff responded so quickly, and we intend to continue our proactive approach to restoring the confidence of the fans. All licensees will be treated the same."

Note

Rockport Harbor will skip the $1 million Arkansas Derby next weekend and instead will aim for the Lexington Stakes at Keeneland on April 23 to qualify for the Kentucky Derby. Trainer John Servis made the decision after a lackluster workout Sunday at Oaklawn Park in Hot Springs, Ark.